Articles Posted in Products Liability

In an attempt to prevent infant and child injuries and deaths, McNeil Consumer Healthcare, a Johnson & Johnson division, is recalling 43 over-the-counter child and infant medications after regulators discovered deficiencies at a manufacturing facility. Hundreds of thousands of medicine bottles will have to be pulled from store shelves in the US, its territories, and nine other nations.

Following a routine check of McNeil Consumer Healthcare’s Fort Washington plant, Food and Drug Administration inspectors discovered that the manufacturing process was “not in control,” which could alter the medicines’ composition. As a result, some of the medicines may have a higher concentration of an active ingredient than what is noted, may have inactive ingredients that don’t meet testing requirements, or may contain tiny particles.

Even though the chance of serious injury from the medicines is “remote,” the FDA is counseling caregivers and parents to stop using the recalled products right away. The FDA also says that if a child displays any unusual symptoms after taking one of the recalled medicines, then caregivers or parents should seek the advice of a physician. The federal agency is warning that giving children and infants the adult versions of these medications can result in serious illness or injury.

The US Supreme Court has agreed to determine whether a federal law protects vaccine manufacturers from certain kinds of products liability lawsuits in the event of vaccine injuries. The case involves 17-year-old Hannah Bruesewitz who, during the first 6-months after she was born was vaccinated against tetanus, diphtheria, and pertussis with 3 DPT vaccines. She would go on develop residual seizure disorder.

Because Hannah suffers from serious developmental impairments, her parents say that she will require a lifetime of care.

Russell and Robale Bruesewitz submitted their petition to the U.S. Court of Federal Claims. When their claim was turned down, they filed a dangerous drug lawsuit against vaccine maker Wyeth. They claim that the pharmaceutical company could have marketed a vaccine that was safer and included better warnings about its possible risks. The drug maker has denied that its vaccine caused the girl’s injuries. It has, however, discontinued the DPT vaccine.

In 2009, an appeals court determined that the National Childhood Vaccine Injury Act of 1986 preempted the Bruesewitz’s injuries to a child complaint. The act, which provides compensation for vaccine injuries, protects vaccine manufacturers from products liability complaints. An injured party cannot sue the vaccine maker if the side effects that were sustained were unavoidable and even if the vaccine came with the correct directions and warnings and was manufactured properly.

Oral arguments in the Supreme Court case, Bruesewitz v. Wyeth, 09-152, will likely take place in the fall. The nation’s highest court agreed to hear the case following decisions by lower courts that conflicted with one another. Some 5,000 claims are pending that link neurological damage to childhood vaccines.

High Court Wades Into Funeral Protests, Vaccines, Wall Street Journal, March 9, 2010
Court to decide if vaccine makers can be sued, Reuters, March 8, 2010
Related Web Resources:
Vaccines, Centers for Disease Control and Prevention
National Vaccine Injury Compensation Program (VICP), HRSA.gov

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Our Washington DC products liability attorneys are concerned about the dangers that poorly designed cribs post to young children. On Tuesday, the U.S. Consumer Product Safety Commission announced that it is recalling all “ChildESIGNS” and Generation 2 Worldwide drops side cribs following three infant deaths. The CPSC says these cribs are very dangerous and pose suffocation and strangulation risks to children. The CPSC wants caregivers and parents to stop using these cribs right away.

The three babies died after the drop side on their cribs detached and they got stuck between the mattress and the drop side. The first crib entrapment death happened in September 2002 when the six-month old infant suffocated. The drop side became detached because it was missing two screws.

The entrapment death, involving an 8-month-old victim, happened in October 2003 after the drop side’s plastic hardware broke. In July 2007, an 8-month-old child suffocated during an entrapment accident.

There have been 20 other reported drop side incidents involving the recalled cribs. Two children survived their entrapment accidents, although one child sustained bruises. Five kids fell from their cribs when the drop sides detached. One child broke an arm.

Eight other incidents involved the mattress support detaching. In three of these crib accidents, three kids became entrapped between the mattress and the crib frame while four kids were able to crawl out of the crib. One child suffered bruises and cuts.

Generation 2 is no longer in operation.

Drop-Side Crib Dangers

As more drop-side cribs are recalled because of the possible entrapment, strangulation, and fall hazards they pose to infants and toddlers, it is no longer possible to ignore the dangers that this type of crib can pose because of the way they are designed. Millions of drop-side cribs have been recalled over the past couple of years. Some crib manufacturers are even proposing a ban on drop-side cribs.

Generation 2 Worldwide and “ChildESIGNS” Drop Side Crib Brands Recalled; Three Infant Deaths Reported, CPSC, February 9, 2010
Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2010
Related Web Resources:
What are the safety issues with drop-side cribs, About.com
Crib Bands from Consumer Reports

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This week, the Consumer Product Safety Commission announced a number of product recalls. Among them were two significantly large recalls involving the risk of serious injuries to infants and toddlers.

On Wednesday, along with Graco Children’s Products Inc., the CPSC recalled approximately 1.5 million Graco Strollers following two fngertip laceration accidents and five incidents involving fingertip amputations to children. The kids’ fingers were injured in the stroller canopy’s hinge mechanism.

Kid’s fingertips are highly sensitive and can damage easily during amputation, tearing, or crushing. Young children are especially at risk of sustaining fingertip injuries because they are always touching and/or placing their hands in objects. Ensuring that a fingertip injury receives immediate medical attention decreases the chances of permanent disability or deformity.

The Consumer Product Safety Commission and the Window Covering Safety Council are recalling 50 million roll-up blinds and Roman shades because they are a potential strangulation hazard to young kids. A child can get seriously hurt if his/her neck gets tangled in the cord used to work the blinds and shades.

Since 2001, there have been three deaths involving the roll-up blinds and 16 near-strangulations and five deaths involving the Roman shades in the past three years. These shades can be fixed with a free repair kit. In the meantime, parents, guardians, and adults should take precautionary measures to childproof the blinds and shades by making sure that the cords are not easily accessible to kids—especially infants and toddlers. This includes making sure that there isn’t furniture close to the windows that children can climb on top of to reach the cords. If a cord reaches all the way to the ground, then it is important to make sure the cord is properly secured and taut. Another option is to stop using these blinds and shades.

Strangulation Injuries

According to Safe Kids USA, nearly 900 kids younger than age 15 die every year from airway obstruction. Most of the fatalities are children younger than age 4. About 17,200 strangulation injuries involving child victims occur annually. Most strangulation incidents take place in the home.

Products Liability

Window shades and blinds manufacturers have long been aware of the strangulation hazard these products have posed for young children. Yet they continue to sell their defectively designed products to consumers. How many child injuries and deaths must occur before manufacturers will stop producing these faulty furniture items?

Furniture makers can be held liable for Washington DC products liability or wrongful death involving injuries to minors.

Window Covering Safety Council Recalls to Repair All Roman and Roll-Up Blinds Due to Risk of Strangulation, CPSC, December 15, 2009
Blind recall: How to check if your Roman shades are safe, The Christian Science Monitor, December 15, 2009
Airway Obstruction, Safe Kids
Related Web Resources:

Window Covering Safety Council

Parent’s Guide to Child Safety

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